Civil Procedure Code, 1908, Order 41, Rule 27, 28, 29 -- Additional evidence at appellate stage - Plea of fraud - Report called from Principal City Civil Judge - Appellate Court may permit additional evidence to be produced either oral or documentary, if conditions mentioned in O.41.R.27 are satisfied and thereafter procedure U.O.41.Rr.27, 28 & 29 is to be followed -..........
Civil Procedure Code, 1908, Order 43, Rule 1A -- Appeal - Consent decree - Appeal U.O.43.R.1-A CPC against consent decree is maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - No case of JDs that there was any material irregularity or fraud in publishing or conducting sale - Objection was that decree was obtained by fraud - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 94 -- Auction sale - Sale certificate - When sale was confirmed and sale certificate was issued after overruling objections raised by JDs, High Court ought not to have thereafter set aside order overruling objections raised by JDs - Order of High Court set aside...........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Wife sought transfer of family suit from Vadodara to Surat - Distance between Vadodara and Surat is 170 kms - Wife having four wheeler vehicle and having a job of fashion design thus, is not having any hardship as compared to husband - Moreover, there is only a single matter pending with Court at Vadodara -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering an application U.O.7.R.11 CPC, Court is not to look into strength or weakness of case of plaintiff or defence raised by defendant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - To decide an application U.O.7.R.11 CPC, there should be meaningful reading of plaint as a whole...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Provision of O.7.R.11 CPC is not exhaustive - Court has inherent power to see that frivolous or vexatious litigations are not allowed to consume the time of Court...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Claim in suit based on an agreement executed through power of attorney holder - Court is not debarred from looking into power of attorney - It is open to Court to read terms of Power of Attorney alongwith plaint in the same manner as documents appended to the plaint, which form part of the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea of plaintiff that plaint discloses triable issued as such plaint should not be rejected at the initial stage - Entire base of filing of suit is pre-emption agreement executed by Power of Attorney holder - To confer a right and to bind the owner, there has to be a valid Power of Attorney - In the..........
